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China Consults on the Law of Solid Waste Pollution Control

On 11 Jul 2018, China MEE released a notification seeking public feedback on the revised draft of the Law on Prevention and Control of Environmental Pollution by Solid Waste (固体废物污染环境防治法).

The revision draft has a total of 102 articles, 50 of which have been amended, 14 newly added and 4 deleted. 

The draft introduces domestic garbage classification and requires local governments to build up a system in which delivery, collection, transportation, and processing of solid waste would be differentiated based on the classification of the waste. This law would be a legal support to the Implementation Plan for Domestic Waste Classification.

The new law regulates that the producer of solid waste is the chief responsible person. Solid waste will also be included in the scope of emission permit system to enhance supervision.      

A new system will be used to address solid wastes emissions based on the following key principles:

  • Economically, hazardous waste will be included in the environmental protection tax. Enterprises with hazardous waste are required to purchase environmental pollution liability insurance. 

  • MEE will provide technical support to help prevent waste solid pollution.

  • Legally, the law will increase the maximum fine for violations (see in chapter 4 of the law) and clarify administrative rectification requirements and other sanctions associated with non-compliance.  

The law includes 6 chapters:

  1. General Provisions

  2. Supervision over the Prevention and Control of Environmental Pollution by Solid Waste

  3. Prevention and Control of Environmental Pollution by Solid Waste

  •  General Regulation

  •  Prevention and Control of Environmental Pollution by Industrial    Solid Waste

  •  Prevention and Control of Environmental Pollution by Household Waste

  1. Special Regulations for Prevention and Control of Environmental Pollution by Hazardous Waste

  2. Legal Responsibility

  3. Supplementary Provisions

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